AB v CD: CA 6 Mar 2014

The court was asked a point of principle about the proper approach to the grant of an interim injunction. It is trite law that such an injunction will not be granted if damages would be an adequate remedy for the wrong, if proved: indeed the same rule applies to final injunctions. But how does that apply in cases of an alleged breach of contract where the contract contains a provision limiting the recoverable damages to below what might otherwise have been awarded as a matter of general law ?

Laws, Ryder, Underhill LJJ
[2014] EWCA Civ 229
England and Wales
Appeal fromAB v CD QBD 3-Jan-2014
The parties were contracted to each other in respect of an internet based marketing system for metals and other resources. The claimant had contracted in effect to promote the system. The claimant sought an injunction to prevent termination of . .

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Litigation Practice

Updated: 01 December 2021; Ref: scu.522108